Common use of Substantial or Total Destruction Clause in Contracts

Substantial or Total Destruction. If the Property is substantially or totally destroyed by any cause whatsoever (i.e., the damage to the Property Is greater than partial damage as described In Section 7.01), and regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate as of the date the destruction occurred. Notwithstanding the preceding sentence, if the Property can be rebuilt within six (6) months after the date of destruction, TENANT OR Landlord may elect to [* * *] CAUSE the Property TO BE REBUILT at Landlord's own expense, in which case this Lease shall remain In full force and effect. [* * *] THE PARTY ELECTING TO CAUSE THE REBUILDING shall notify [* * *] THE OTHER of such election within thirty (30) days after [* * *] the occurrence of total or substantial destruction. [* * *], Landlord shall rebuild the Property at Landlord's sole expense, except that if the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.

Appears in 1 contract

Samples: Cerprobe Corp

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Substantial or Total Destruction. If the Property Premises is substantially or totally destroyed by any cause whatsoever (i.e.meaning, the damage to the Property Is Premises is greater than partial damage as described In in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate as of the date the destruction occurred. Notwithstanding the preceding sentence, if the Property Premises can be rebuilt within six three (63) months after the date of destructiondestruction or if the destruction was caused by Tenant, TENANT OR Landlord may elect to [* * *] CAUSE rebuild the Property TO BE REBUILT Premises at Landlord's ’s own expense, in which case this Lease shall remain In in full force and effecteffect and Landlord shall rebuild the Premises within said three months if the destruction was not caused by Tenant or within a reasonable time period if the destruction was caused by Tenant. [* * *] THE PARTY ELECTING TO CAUSE THE REBUILDING Landlord shall notify [* * *] THE OTHER Tenant of such election within thirty (30) days after [* * *] Tenant’s notice of the occurrence of total or substantial destruction. [* * *]If Landlord so elects, Landlord shall rebuild the Property Premises at Landlord's ’s sole expense, except that if the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.

Appears in 1 contract

Samples: Office Lease (VectoIQ Acquisition Corp.)

Substantial or Total Destruction. If the Property is substantially or totally destroyed by any cause whatsoever (i.e., the damage to the Property Is is greater than partial damage as described In in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate as the later of (i) the date the destruction occurredoccurred and (ii) the date Tenant ceases to do business at the Property. Notwithstanding the preceding sentence, if the Property can be rebuilt within six (6) months after the date of destruction, TENANT OR Landlord may elect to [* * *] CAUSE rebuild the Property TO BE REBUILT at Landlord's own expense, in which case this Lease shall remain In in full force and effect. [* * *] THE PARTY ELECTING TO CAUSE THE REBUILDING Landlord shall notify [* * *] THE OTHER Tenant of such election within thirty (30) days after [* * *] Txxxxx's notice of the occurrence of total or substantial destruction. [* * *]If Landlord so elects, Landlord shall rebuild rebuild, the Property at Landlord's sole expense, except that if the destruction was caused solely by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any "deductible amount" (if any) under Lxxxxxxx's insurance proceeds received by Landlordpolicies up to $10,000. (See Insert 7.02) Section 7.03.

Appears in 1 contract

Samples: Southern Electronics Corp

Substantial or Total Destruction. If the Property is substantially or totally destroyed by any cause whatsoever (i.e., the damage to the Property Is is greater than partial damage as described In in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate as of the date the destruction occurred. Notwithstanding the preceding sentence, if the Property can be rebuilt within four (4) six (6) months after the date of destruction, TENANT OR Landlord may elect to [* * *] CAUSE rebuild the Property TO BE REBUILT at Landlord's own expense, in which case this Lease shall remain In in full force and effect. [* * *] THE PARTY ELECTING TO CAUSE THE REBUILDING Notwithstanding the foregoing, if Landlord elects to rebuild the Property and if the damage was caused by any act or omission of Tenant then Landlord shall diligently work to repair the damage as soon as reasonably possible even if such time is greater than four (4) months. Landlord shall notify [* * *] THE OTHER Tenant of such election within thirty (30) days after [* * *] Tenant's notice of the occurrence of total or substantial destruction. [* * *]If Landlord so elects, Landlord shall rebuild the Property at Landlord's sole expense, except that if the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord. Section 7.03.

Appears in 1 contract

Samples: Arizona Furniture Co

Substantial or Total Destruction. If the Property is substantially or totally destroyed by any cause whatsoever (i.e., the damage to the Property Is is greater than partial damage as described In in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate as the later of (i) the date the destruction occurred, and (ii) the date Tenant ceases to do business at the Property. Notwithstanding the preceding sentence, if the Property can be rebuilt within six (6) months after the date of destruction, TENANT OR Landlord may elect to [* * *] CAUSE rebuild the Property TO BE REBUILT at Landlord's own expense, in which case this Lease shall remain In in full force and effect. [* * *] THE PARTY ELECTING TO CAUSE THE REBUILDING Landlord shall notify [* * *] THE OTHER Tenant of such election within thirty (30) days after [* * *] Xxxxxx's notice of the occurrence of total or substantial destruction. [* * *]If Landlord so elects, Landlord shall rebuild the Property at Landlord's sole expense, except that if the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.

Appears in 1 contract

Samples: Hot Topic Inc /Ca/

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Substantial or Total Destruction. If the Property is substantially or totally destroyed by any an cause whatsoever (i.e., the damage to the Property Is is greater than partial damage as described In in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate as the later of the (i) date the destruction occurredoccurred and (ii) the date Tenant ceases to do business at the Property. Notwithstanding the preceding sentence, if the Property can be rebuilt within six (6) months after the date of destruction, TENANT OR Landlord may elect to [* * *] CAUSE rebuild the Property TO BE REBUILT at Landlord's own expense, in which case this Lease shall remain In in full force and effect. [* * *] THE PARTY ELECTING TO CAUSE THE REBUILDING Landlord shall notify [* * *] THE OTHER Tenant of such election within thirty (30) days after [* * *] Xxxxxx's notice of the occurrence of total or substantial destruction. [* * *]If Landlord so elects, Landlord shall rebuild the Property at Landlord's sole expense, except that if the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.

Appears in 1 contract

Samples: Source Interlink Companies Inc

Substantial or Total Destruction. If the Property is substantially or totally destroyed by any cause whatsoever (i.e., the damage to the Property Is is greater than partial damage as described In in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate as of the date the destruction occurredoccurred unless said destruction occurred due to events or actions of Tenant or events beyond Landlord's control, it will be at Tenant's election to terminate. Notwithstanding the preceding sentence, if the Property can be rebuilt within six (6) months after the date of destruction, TENANT OR Landlord may elect to [* * *] CAUSE rebuild the Property TO BE REBUILT at Landlord's own expense, in which case this Lease shall remain In in full force and effect. [* * *] THE PARTY ELECTING TO CAUSE THE REBUILDING Landlord shall notify [* * *] THE OTHER Tenant of such election within thirty (30) days after [* * *] Tenant's notice of the occurrence of total or substantial destruction. [* * *]If Landlord so elects, Landlord shall rebuild the Property at Landlord's sole expense, except that if the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.

Appears in 1 contract

Samples: Gametech International Inc

Substantial or Total Destruction. If the Property is substantially or totally destroyed by any cause whatsoever (i.e., the damage to the Property Is is greater than partial damage as described In in Section 7.01), and regardless of whether Landlord receives any insurance proceeds, this Lease shall terminate as of the date the destruction occurred. Notwithstanding the preceding sentence, if the Property can be rebuilt within six twelve (612) months after the date of destruction, TENANT OR Landlord Tenant may elect to [* * *] CAUSE rebuild the Property TO BE REBUILT at Landlord's own expensewith the insurance proceeds which shall be assigned to Tenant, but such proceeds may be held by Landlord or mortgage lender and paid to Tenant as the work progresses, in which case this Lease shall remain In in full force and effect. [* * *] THE PARTY ELECTING TO CAUSE THE REBUILDING Tenant shall notify [* * *] THE OTHER Landlord of such election within thirty (30) days after [* * *] Tenant’s notice of the occurrence of total or substantial destruction. [* * *]If Landlord so elects except for the last three (3) years of the Lease term (as may have been extended), Landlord shall rebuild the Property at Landlord's ’s sole expense, except that if the destruction was caused by an act or omission of Tenant, Tenant shall pay Landlord the difference between the actual cost of rebuilding and any insurance proceeds received by Landlord.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Dicks Sporting Goods Inc)

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